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9780754675211

Epistemic Uncertainty and Legal Theory

by
  • ISBN13:

    9780754675211

  • ISBN10:

    0754675211

  • Format: Hardcover
  • Copyright: 2008-12-28
  • Publisher: Routledge

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Supplemental Materials

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Summary

Crossing the usual boundaries of abstract legal theory, this book considers actual charter systems - legal systems with explicitly posited moral-political rights, such as those of Canada and the United States - as well as cases in constitutional adjudication. It shows the worth of careful reflection on methodological and meta-theoretical issues for a comprehensive account of a present-day legal system which is fast becoming the norm.The author explicitly connects the ongoing Methodology Debate within legal philosophy to constitutional adjudication and Canadian law. By drawing out the implications of the Methodology Debate and the challenge of giving a proper account of constitutional adjudication in a general theory of law, the study examines how a descriptive, morally and politically neutral legal theory can deal with epistemic uncertainty - uncertainty about the actual status of moral-political legal provisions and their jurisprudential function - in a thoroughgoing manner. It also demonstrates the merits of a minimalist version of Legal Positivism with regard to the practical importance of charters in charter systems and societies.

Table of Contents

Preface
Epistemic uncertainty and the methodology debate
Concept or concepts of law?
Choosing a theory of law
'Methodological' positivism
Uncertainly on the ground
Understanding the Canadian constitution: the division of labour in legal theory
Perspectival differences
Bibliography
Index
Table of Contents provided by Publisher. All Rights Reserved.

Supplemental Materials

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

Excerpts

This volume explicitly connects the on-going Methodology Debate within Legal Philosophy to constitutional adjudication in charter systems. By drawing out the implications of this debate and the challenge of giving a proper account of constitutional adjudication in a general theory of law, the study shows how a descriptive, morally and politically neutral legal theory can deal with epistemic uncertainty in a thoroughgoing manner. It also demonstrates the merits of a minimalist version of Legal Positivism with regard to the practical importance of charters in charter systems and societies.

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